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HomeMy WebLinkAboutMinutes 04-06-99 MINUTES OF THE REGULAR CITM COMMISSION MEETING HELD IN COMMISSION CHAMBERS, C~I'Y HALL, BOYNTON BEACH, FLOR.tDA ON TUESDAY, APRIL 6, 1999 AT 6:30 P.M. PRESENT Gerald Broening, Mayor Henderson Tillman, Vice Mayor Nellie Denahan, Commissioner William Sherman, Commissioner Ronald Weiland, Commissioner Wilfred Hawkins, Interim City Manager James Cherof, City Attorney Sue Kruse, City Clerk Mayor Broening called the meeting to order at 6:30 p.m. Broening led the Pledge of Allegiance to the Flag. D. Agenda Approval: 1. Additions, Deletions, Corrections Under Item X-D, Commissioner Sherman added "Discussion and Selection of a Manager". Mayor Broening requested the addition of Item X-E, "Police Union Negotiations". Commissioner Denahan added "Corporate Designate" under Item II-B. Attorney Cherof requested the addition of the following items: :[. Item XI-D.1 - "Request for Executive Session on pending litigation; and 2. Item XI-D.2- "Commission Direction regarding Police Pension IVlatters'. Mayor Broening withdrew his request for Item XI-E since Attorney Cherof would address his concerns under Item XI-D.2. 2. Adoption Vice Mayor Tillman moved to accept the agenda as amended. Commissioner Denahan seconded the motion that carried unanimously. E. Organizational Matters OPENINGS: A. Call to Order - Mayor Gerald Broening B. Invocation - Reverend Conrad Braaten - Ascension Lutheran Church C. Pledge of Allegiance to the Flag led by Mayor Gerald Broening Following the invocation, Mayor new City z MEETING M:[NUTES REGULAR CZTY COMMZSS:[ON BOYNTON BEACH~ FLORIDA APRZL 6~ 1999 Proposed Resolution No. R99-42 Re: Robert's Rules of Order Newly Revised Motion Commissioner Denahan moved to approve Proposed 7111man seconded the motion that carried unanimously. I~lotion Commissioner Proposed Resolution No. R99-43 procedure for voting Adopting the 1990 edition of Resolution No. R99-42. Vice Mayor Re' Adopting a rotating roll call Denahan moved to approve Proposed Resolution No. R99-43. Vice Mayor ~llman seconded the motion that carried unanimously. ADMINISTRATIVE: Appointments to be made: Length of Term Board Expiration Date II, A. Appointment To Be Made Mayor I II III IV Mayor I II III Mayor I II III IV I II III IV III IV Mayor Weiland Denahan Sherman Tillman Weiland Denahan Sherman Weiland Denahan Sherman Tillman Weiland Denahan Sherman Tillman Sherman Tillman Children & Youth Advisory Board Stu/Reg i yr term to 4/00 Children & Youth Advisory Board Alt i yr term to 4/00 Children & Youth Advisory Board Reg 2 yr term to 4/01 Children & Youth Advisory Board Reg 2 yr term to 4/01 Children & Youth Advisory Board Reg 2 yr term to 4/01 Children & Youth Advisory Board Reg 2 yr term to 4/01 Children & Youth Advisory Board Alt 1 yr term to 4/00 Children & Youth Advisory Board Stu/Reg 1 yr term to 4/00 Children & Youth Advisory Board Stu/NonVoting 1 yr term to 4/00 Bldg. Board of Adjustment & Appeals Reg 3 yr term to 4/01 Bldg. Board of Adjustment & Appeals Reg 3 yr term to 4/02 Bldg. Board of Adjustment & Appeals Reg 3 yr term to 4/02 Bldg. Board of Adjustment & Appeals Alt 1 yr term to 4/00 Bldg. Board of Adjustment & Appeals Alt 3 yr term to 4/01 Cemetery Board Alt i yr term to 4/00 Cemetery Board Reg 3 yr term to 4/01 Cemetery Board Reg 3 yr term to 4/02 Code Enforcement Board Alt I yr term to 9/99 Community Relations Board Community Relations Board Community Relations Board Reg 3 yr term to 4/00 Reg 3 yr term to 4/00 Alt ! yr term to 4/00 MEETI'NG MTNUTES REGULAR CI'TY COMMI'SSTON BOYNTON BEACH,, FLORTDA APRTL 6~ 1999 I Weiland Community Relations Board Reg II Denahan Community Relations Board Reg HT Sherman Community Relations Board Reg IV Tillman Community Relations Board Alt yr term yr term yr term yr term II Denahan Education Advisory Board Alt IIT Sherman Education Advisory Board Reg IV Tillman Education Advisory Board Reg Mayor Education Advisory Board Reg I Weiland Education Advisory Board Alt II Denahan Education Advisory Board Stu IT! Sherman Education Advisory Board Stu I yr 2 yr 2 yr 2 yr i yr i yr I yr term term term term term term term to 4/02 to 4/02 to 4/02 to 4/00 IV Tillman Library Board Reg Mayor Library Board Reg I Weiland Library Board Reg II Denahan Library Board Alt III Sherman Library Board Alt yr term yr term yr term yr term yr term to 4/00 to 4/01 to 4/01 to 4/01 to 4/00 to 4/00 to 4/00 Mayor Nuisance Abatement Board Reg I Weiland Nuisance Abatement Board Reg II Denahan Nuisance Abatement Board Alt yr term yr term yr term II Denahan Planning & Development Board Reg III Sherman Planning & Development Board Reg IV Tillman Planning & Development Board Reg Mayor Planning & Development Board Alt I Weiland Planning & Development Board Alt yr term yr term yr term yr term yr term to to to Mayor Recreation & Parks Board Alt I Weiland Recreation & Parks Board Alt II Denahan Recreation & Parks Board Reg III Sherman Recreation & Parks Board Reg IV Tillman Recreation & Parks Board Reg yr term yr term yr term yr term yr term Mayor Senior Advisory Board Reg ! Weiland Senior Advisory Board Reg II Denahan Senior Advisory Board Reg III Sherman Senior Advisory Board Reg TV Tillman Senior Advisory Board Alt Mayor Senior Advisory Board Alt 2 yr term 2 yr term 2 yr term 2 yr term i yr term 1 yr term to to to to to I! Denahan Employees' Pension Board Reg Denahan Firefighters' Pension Board Reg Sherman Firefighters' Pension Board Reg 3 yr term to 2 yr term to 2 yr term to Denahan Police Officers' Pension Board Reg 2 yr term Sherman Police Officers' Pension Board Reg 2 yr term to The following City advisory board appointments were made without objection: 4/02 4/02 4/02 4/00 4/00 4/01 41Ol 4/oo 4/01 4/01 4/01 4/00 4/00 4/00 4/00 4/02 4/02 4/02 4/01 4/01 4/01 4/01 4/00 4/00 4/02 4/01 4101 4/01 4/01 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH,, FLORIDA APRIL 6~ 1999 Commissioner Denahan appointed Charles Fisher as a Regular member of the Advisory Board on Children & Youth. Commissioner Sherman appointed Hattie Miller as a Regular member of the Advisory Board on Children & Youth. Commissioner Denahan appointed Amy DeVries as a Student/Regular member of the Advisory Board on Children & Youth. Commissioner Denahan appointed Melvin Sternbach as a Regular member of the Building Board of Adjustment & Appeals. Commissioner Weiland appointed Tim Hensley as an Alternate member of the Cemetery Board. Commissioner Denahan appointed Blanche Girtman as a Regular member of the Community Relations Board. Commissioner Sherman appointed Beth Miller as a Regular member of the Community Relations Board. Mayor Broening appointed David Fellows as a Regular member of the Education Advisory Board. Commissioner Denahan appointed Heidi DeVries as a Student member of the Education Advisory Board. Commissioner Denahan appointed 14arva Collins as an Alternate member of the Library Board. Commissioner Denahan appointed Stephen Frazier as an Alternate member of the Nuisance Abatement Board. Commissioner Denahan appointed Lee Wische as a Regular member of the Planning & Development Board. Commissioner Sherman appointed Stan Dub~ as a Regular member of the Planning & Development Board. Mayor Broening appointed Woodrow Hay as an Alternate member of the Planning & Development Board. Commissioner Weiland appointed Fran Cleary as an Alternate member of the Planning & Development Board. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA APR/L 6, 1999 · Commissioner Denahan appointed Betty Thomas as a Regular member of the Recreation & Parks Board. · Commissioner Sherman appointed Tom Williams as a Regular member of the Recreation & Parks Board. · Commissioner Denahan appointed Bernice 3oyce as a Regular member of the Senior Advisory Board. · Commissioner Denahan appointed William Lynch as a Regular member of the Employees' Pension Board. · Commissioner Denahan appointed Alma Cook as a Regular member of the Firefighters' Pension Board. · Commissioner Denahan appointed Ralph Diaz as a Regular member of the Police Officers' Pension Board. · Commissioner Sherman appointed Roger Cash as a Regular member of the Police Officers' Pension Board. All remaimng appointments were tabled. B. Corporate Designate Commissioner Denahan recommended that an appointment be made from the Commission to replace Shirley .]askiewicz who served as the Commission's liaison to COBWRA. The meeting is held on the third Wednesday of each month at varied locations throughout West Boynton. Motion Vice Mayor Tillman moved to nominate Commissioner Denahan to serve as the COBWRA representative. Commissioner Weiland seconded the motion. Commissioner Denahan accepted the nomination. The motion carried 5-0. *SEE DISCUSSION FOLLOWING ITEM X-C FOR A CHANGE IN THIS DESIGNATTON. III. ANNOUNCEMENTS & PRESENTATIONS: A. Announcements: 1. "Breakfast in Boynton' & Green Market - Saturday, April 10, 1999 - 8:00 a.m. to 11:30 a.m. -Veterans Park Mayor Broening made this announcement. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLOI~DA APRIL 6, 1999 B. Presentations: 1. Proclamations: a. "Days of Remembrance" - April 11-18, 1999 Mayor Broening read a Proclamation declaring April 11-18, 1999 as "Days of Remembrance". There was no one present to accept the Proclamation. b. "Building Safety Week" - April 4-10, 1999 Mayor Broening did not read the Proclamation declaring April 4-10, 1999 as "Building Safety Week". However, at the podium, he presented the Proclamation to Mike Haag. Mr. Haag announced that an exhibit had been set up at City Hall in the Mall and everyone was invited to visit. Staff will be present at City Hall in the Mall on Saturday, April l0th, c. "Arbor Day"- April 9, 1999 Mayor Broening read a Proclamation declaring April 9, 1999 as "Arbor Day" and presented it to Kevin Hallahan. Mr. Hallahan, the City's Forester and Environmentalist, advised that the Proclamation is one of the criteria required to achieve the designation of "Tree City USA". The City of Boynton Beach has achieved that designation. "Keep Palm Beach County Beautiful" - The Great American Clean Up - Presentation by Malissa Booth Ms. Booth reported that the annual clean up is held each April. This project is now part ora national event known as "The Great American Clean Up". All cities are encouraged to participate in the project and last year, the City of Boynton Beach made tremendous progress by involving more than 300 volunteers. Ms. Booth encouraged greater participation this year to top that record. April 24th is the day designated to clean up public spaces and get involved in tree planting. All volunteers will receive a certificate and a T- shirt in appreciation of their participation. Hank Ackermann, Neighborhood Project Specialist, reminded everyone that the volunteers tackled eight or nine projects last year. Four specific projects have been identified for this year's clean up. Neighborhood associations will be offered the opportunity to participate and the one with the greatest participation will receive a trophy. MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA APRIL 6~ Z999 Wilson Center Renovations - Melody Green, Recreation Superintendent and Bill DeBeck, Project Manager At the podium, Melody Green introduced Bill DeBeck and Carolyn Sims, and reported that Ms. Sims began her career at the Wilson Center 36 years ago. With the assistance of the team consisting of Carolyn Sims and Brent Rolle, who devised the plan of reallocating Recreation funding to improve the interior of the facility, Bill DeBeck and other team members from Facilities Management completed the interior facelift within a few months. The renovations included the replacement of the kitchen cabinets, installation of chair molding throughout, complete replacement of the ceiling tiles, and painting inside and outside the facility. All of the City's facilities are being standardized in the colors "off white and teal". Ms. Green encouraged everyone to view the display board in the Lobby of City Hall or visit Wilson Center. Ms. Sims remembers when Wilson Center was a one-room "shack". Tt was expanded and the community took on a sense of ownership. The community is very proud of this facility and utilizes it for meetings, dinners and recreation. She invited everyone to visit the Center. On behalf of the community, Ms. Sims thanked Ms. Green, Mr. DeBeck and the City Commissioners for authorizing the improvements to the Wilson Center. Mr. DeBeck explained that since Facilities Management has a small crew, large projects are done on a shared basis. A determination was made that Facilities Management could handle the renovations. Larger jobs are contracted out. Other renovations will be made next year that include replacing the floor and the stage. Approximately $29,000 was spent on the renovations to this facility. Presentation to Sterling Village Condominium Association recognizing their certification in the Florida Yards & Neighborhoods Program - Mr. Jim Reed .lim Reed introduced Susan Gott, a volunteer in the Florida Yards & Neighborhoods Program. Mr. Reed explained that the Florida Yards & Neighborhoods Program is a method of providing information to Florida homeowners on how to best maintain their properties to have a minimum impact on the environment. Of all the pollution that enters Florida's waterways, 50% is from homeowners who believe they are doing the right thing to maintain their property. The Florida Yards & Neighborhoods Program begins by having the homeowners answer a few questions. They are then given a free-of-charge book to review. After reviewing how their property is maintained, an advisor from the Program visits the property to score the property against the best management practices. :If the property owner scores 36 points, he/she receives a "Certified Florida Yard" sign and certificate. Approximately 159 homes in Palm Beach County qualified as "Certified Florida Yards". For the first time in Palm Beach County, a condominium association was certified. That condo association was Sterling Village. Mr. Reed and Ms. Gott recognized the members of Sterling Village who were present in the audience. Ms. Gott presented them with the "Certified Florida Yard" sign and certificate. Mr. Reed challenged the Mayor to get a "Certified Florida Yard" sign outside City Hall. He also advised that common areas in neighborhoods could be certified. MEETI'NG MZNUTES REGULAR CI'TY COMMI'SSI'ON BOYNTON BEACH~ FLORTDA API~L 6~ 1999 IV, CONSENT AGENDA: A. Minutes: Special City Commission Meeting of March 12, 1999 Regular City Commission Meeting of March 16, 1999 Special City Commission Meeting of March 25, 1999 Bids - Recommend Approval - All expenditures are approved in the 1998-99 Adopted Budget Award the "ANNUAL PARTS/SUPPLIES FOR LARGE TRUCKS AND MISCELLANEOUS EQUIPMENT" bid to various vendors by manufacturer, with an estimated expenditure of $60,000 Approve piggyback purchase from a City of Clearwater Bid for a VAC- CON/SEWER CLEANING VEHICLE from Southern Sewer Equipment Sales, in the amount of $116,171 Extend the bid for "ANNUAL SUPPLY OF MANHOLE ADJUSTING RINGS" for one additional year to Roblyn Manufacturing, Inc., in the amount of $12,000 Award the bid for "PURCHASE OF ONE NEW AND UNUSED SEWER LATERAL INSPECTION SYSTEM" to ELXSI d/b/a Cues, Inc., in the amount of $14,497 Extend the bid for "CLEANING, SANDBLASTING AND PAINTING OF A STEEL AND CONCRETE POTABLE WATER CLARIFICA'I-~ON BASIN (North)" for an additional Clarification Basin (South), to Atlantic Painting and Sandblasting, in the amount of $46,500 Extend the bid for "CO-OP BULK QUICKLIME" for one additional year to Chemical Lime Company, in the amount of $185,180 C. Resolutions: Proposed Resolution No. R99-44 Re.' Approving a full release of cash surety in the amount of $76,892, for the project located at the Boynton West Shopping Center known as Albertsons Proposed Resolution No. R99-45 Re: Approving the Interlocal Agreement with Palm Beach County regarding the Downtown Watershed Master Plan MEETZNG MI'NUTES REGULAR CZTY COMMI'SSTON BOYNTON BEACH~ FLORZDA API~L 6~ 1999 Proposed Resolution No. R99-46 Re: (10%) of the General Fund to be held available only in case of City emergency Maintaining ten percent in an undesignated account Proposed Resolution No. R99-47 Re.' Approving the reduction of surety for Boynton Shoppes, Inc. from $87,650 down to $4,400 Proposed Resolution No. R99-48 Re.' Authorizing a release of cash surety to Meadowland Development in the amount of $9,500 for the project known as Gateway Palms D. Ratification of Planning & Development Board Action: Stor-AII (Kilday & Associates, Inc.) - Southeast corner of Old Boynton Road and Knuth Road - Request approval for a parking lot variance to allow a 77'-3" reduction from the required minimum driveway distance from an intersection of 180' to 102;9" Lake Eden Place - South Lake Drive (Lot 14, Block 1) - Request approval for a zoning code variance to obtain relief from the maximum height restriction of 25' for the R-I-AAB zoning district to allow construction of a single-family home at a height of 321/2' Authorize Palm Beach County Environmental Department and Boynton Beach Fire Department to perform a prescribed fire on the Rosemary Scrub Natural Area Approve transfer of $18,000 from Contingency account to Information Technology Services FY 1998-99 budget to create an Administrative Assistant position ($28,171 - $35,000) Approve payment of invoice for annual software technical support and maintenance from H.T.E. Inc. of Lake Mary, Florida, in the amount of $85,435 Motion Commissioner Denahan moved to approve the Consent Agenda. Vice Mayor Tillman seconded the motion that carried unanimously. V. CI'TY MANAGER'S REPORT: Interim City Manager Hawkins reported the following: The Senior Center renovations are moving forward and construction began on the interior of the building. :It is anticipated that the project will be completed within 60 days. t4EETZNG I~ITNUTES REGULAR cTrY COHHTSSTON BOYNTON BEACH, FLORTDA API~L 6, 1999 The new microphone system has been installed in Commission Chambers. Mr. Hawkins thanked Facilities Management for seeing this project through to completion. With regard to the MWBE approach, staff was directed to investigate how we could implement a program in this City. A five-step action plan was devised that includes: Expand our database of listings to include minority and women businesses by cooperating with the City of West Palm Beach, Palm Beach County and The School Board of Palm Beach County. 2. Expand advertising in target market publications. 3. :Institute a telephonic bid system so that active bids can be accessed by telephone. This will be a 24-hour system. 4. Post bids on the ~[nternet site. 5. Expand our identification to include subcontractors. Contractors would have to identify their subcontractors. Vice Mayor Tillman commended Mr. Hawkins for moving on this at such a rapid pace. He believes this will open the City to more business participation. Mr. Hawkins thanked Bill Atkins and the Purchasing staff for their work on this project. The City of Boynton Beach had an opportunity to submit for awards from the Palm Beach County branch of the National Safety Council. We were successful in achieving two awards; one for workplace safety and the other for vehicle safety. This is the second year the City of Boynton Beach was awarded safety awards from the National Safety Council, Palm Beach County Chapter. This is a very competitive and quantitative process. Chuck Magazine, Risk Manager, said the City of Boynton Beach was able to reduce vehicle accidents from the period 1997/98 by 40% and reportable incidents to OSHA by 60% over the same period of time. These awards are won by the Safety Coordinators and all of the employees who have worked hard to maintain a safe environment for everyone. Mr. Hawkins congratulated all of the employees and thanked them for achieving this success. V~. PUBLIC AUDZENCE: Steve Waldman, 41 Sausalito Drive, is a member of the Advisory Board on Children & Youth. He invited everyone to attend a charity basketball game between Ms. Young's class at Congress Middle School and the Boynton Beach Police Department that will be held on April 23rd at 7:00 p.m. Proceeds will go to the "Make a Wish" Foundation. He further announced that the lo MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLOI~DA APRIL 6, 1999 Advisory Board on Children & Youth is sponsoring the Second Annual Youth/Adult Bowling Tournament on July 25TM at Fairlanes on Boynton Beach Boulevard. .lim Miriana, 728 NE 8t~ Avenue, reported that he was involved in a hit and run accident on March 25th at 8:30 p.m. at the intersection of 23rd Avenue and Seacrest Boulevard. He was hit head-on by a vehicle that had struck another vehicle on Seacrest Boulevard. The Police responded to the accident scene and were very courteous and helpful. A full description of the vehicle and person involved in the accident was provided to the Police, but no license plate number was secured. When Mr. Miriana picked up a copy of the report, no information regarding the car that struck him was available on the report. When he questioned a Police Officer who was assisting him, the officer's response was, "we have no time, no money, no resources and no manpower to follow a case of this type". Mr. Miriana requested that the new Commissioners make good on their campaign promises by doing something to ensure that this does not happen again in the future. Mayor Broening assUred Mr. Miriana that the public could count on the campaign promises that were made. Herb Suss said he has spoken at many meetings about the shortage of Police Officers in the City of Boynton Beach and was never challenged until he used the wrong word when he said we were "down" 15 officers. He met with Chief Gage and learned that the City of Boynton Beach Police Department "lost" 14 officers and, in the last week, we lost another one. Mr. Suss said he was never wrong about the number of officers that have left the Department. ~ln addition, Mr. Suss also added that he never claimed to be a Police Officer, but he was a highly decorated auxiliary Police Officer. Mr. Suss further requested that the Golf Course memberships be opened up again. Ed Tedtmann recommended that the Police Department negotiations be done in a public forum. He also urged the Commissioners to oppose four laning Old Boynton Road because it would increase the traffic in the area and there would be ingress/egress problems in the neighborhoods. He urged the Commissioners to allow the neighborhoods to participate in the planning of the City. He feels the City should have input regarding County plans for streets within the City limits. Mr. Hawkins advised that we have Commission representatives that serve on the Metropolitan Planning Organization. They offer input during the meetings. However, this is a very big and sometimes political process. Attorney Cherof advised that the negotiations are public meetings that are posted. The next scheduled negotiation session will be on April :L5th at 1:30 p.m. Mr. Tedtmann requested that the negotiations be held in the evenings so that the public would be able to attend. Attorney Cherof advised that the unions have not been amenable to negotiating in the evening. Bruce Black, 229 SW 1~ Avenue, requested an update regarding the marina. He heard a rumor that financing is not available. 11 MEETTNG MZNUTES REGULAR CI-I'Y COMMI'SSI'ON BOYNTON BEACH, FLORTDA APRZL 6, 1999 Mr. Hawkins advised that negotiations are ongoing at this time, and the City is limited with respect to discussion of this item. Mike Bottcher, on the Board of Directors of' the Boynton Beach Chamber of Commerce, said the Chamber looks forward to participating in the government of the City. He congratulated the new Commissioners on their recent election. Dale Sugerman, Assistant City Manager, advised that no tax dollars are being used for the entranceway feature at the Golf Course. The dollars being used are from fees paid by the golfing public. The City is investigating whether or not it would make economic and social sense to open up the memberships to the Golf Course again. A recommendation will be made to the City Commission as it relates to next year's budget that would begin on October 1~. Shirley .laskiewicz, 1917 SW 13th Avenue, reported that Chuck iVlcGinness would be leaving this area. She thanked him for the positive coverage he provided in 7'/~e Post. She acknowledged "Peter" who will take over for Mr. McGinness. Lee Wische, 1302 SW 18th Street, explained that he has been a campaign manager for many candidates in the past, but the last election proved to be the calmest and cleanest election he was involved with. IVlr. Wische was the campaign manager for the three new Commissioners. These candidates plus their wives and children worked very hard. He thanked the other candidates for the pleasant campaign. Lori Wilkinson, 105 Asbury Way, represented Royal Palm School in Lantana that services mentally and developmentally challenged students throughout the County. On Sunday, April 18th, at 2:00 p.m., the students will attempt to break a Guinness world record for the largest number of people using sign language to sign a song. The current record is 540 people. At the present time, more than 600 people are anxious to participate. She invited all to attend. VII. PUBLTC HEARZNG: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMTTS A. Project: Agent: Owner: Location: Description: Unisite at Quantum Park Andy Zitman Zitman & Associates, Inc. City of Boynton Beach Optimist Park at Quantum Park Request approval to construct a 140' communication tower with antennas, equipment, and access road Attorney Cherof advised that a request was received to indefinitely postpone this application. Attorney Cherof recommended that this item be tabled this evening and after the meeting, staff will address the manner in which it will come back to the Commission. 12 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA APRIL 6, 1999 Motion Commissioner Denahan moved to table. Vice Mayor Tillman seconded the motion that carried unanimously. VIII. BIDS: None IX. DEVELOPMENT PLANS: None X. NEW BUSINESS: A. Discussion regarding Newsrack Ordinance Mayor Broening felt this model Ordinance from Coral Springs was a good Ordinance. Attorney Cherof recommended the following two actions if the Commissioners were comfortable with this type of Ordinance. They are: Allow the Development Department an opportunity to review the Ordinance in detail so that they can provide feedback on the Iocational requirements; and Provide copies of the Ordinance to the local news vendors so that we can have the benefit of their input and feedback. Motion Vice Mayor Tillman moved Attorney Cherof's recommendations. Commissioner Denahan seconded the motion that carried 5-0. Affirming or Changing the current Commission representation on the Palm Beach County Intergovernmental Coordination Committee (]:PARC) Tssues Forum When Hike Rumpf, Planning & Zoning Director, explained that these positions were held in the past by the Mayor and Vice Mayor, Mayor Broening felt there was no reason to change that procedure. Motion Commissioner Denahan moved to approve as presented. Vice Mayor Tillman seconded the motion that carried unanimously. Appointment of a representative to the Intergovernmental Plan Amendment Review Committee's Intergovernmental Coordination Element Sub-Committee 13 MEETING MZNUTES REGULAR CITY coMMIsSION BOYNTON BEACH, FLORIDA APRIL 6, 1999 Mr. Rumpf advised that the appointee should be a person with expertise or interest in the area of school concurrency and sitings. The request is for a recommendation from the Commission. They will make the final determination with respect to the nominated individuals. Motion When Mr. Hawkins advised that a staff person could be assigned to serve in this capacity, Commissioner Denahan moved to appoint Mike Rumpf to act in the Commission's capacity. Vice Mayor Tillman seconded the motion that carried unanimously. AT THZS POZNT~ COMMISSIONER DENAHAN REQUESTED RECONSIDERATION OF THE COBWRA DESIGNEE SINCE SHE ATTENDS THE LEAGUE OF CITIES MEETING THAT CONFLICT WITH COBWRA MEETINGS ON THE THIRD WEDNESDAY OF THE MONTH. Mayor Broening accepted the appointment as the COBWRA representative. D. Discussion of Selection of City Manager Vice Mayor Tillman remarked that the City is in a very good position in terms of personnel. He recognized the very good job that the Interim City Manager and staff did during last week's presentation to the Commission. The presentation was sharp, professional, humorous, well meaning, direct and to the point. Vice Mayor Tillman feels staff has made strides toward aggressive and direct team play. This team play has worked because there are certain people in place. In the past, a national search was conducted for a City Manager. The City was at a standstill. In some respects, the process was painful, but much was learned. When the Commission went through a second process, a City Manager was hired who stayed with the City for approximately two years. Even during the process of changing City Managers, the City continued to move forward. That was the result of the management staff staying in place. The former City Manager came in with an aggressive team play attitude. Civil Service was eliminated and everyone must embrace that. The Commission now has an opportunity to promote Mr. Hawkins, who has come up through the ranks. Vice Mayor Tillman said any time he visits City Hall and asks a question of Mr. Hawkins, his answers are direct. He never has to get on the telephone because his information source is wide. Mr. Hawkins knows the City and his selection would be ideal because he has worked his way up through the ranks. His selection would prove to the employees that the Architecture for Excellence program really works. Wilfred Hawkins can do the job. Vice Mayor Tillman encouraged the Commissioners to talk to employees and department heads. The City could save money by selecting one of its own. :If it is necessary, Mr. Hawkins could continue his education. Our former City Manager was permitted to attend classes at Harvard. Mr. Hawkins has done a good job and is continuously doing a good job. We want to keep that continuity going with the man who is in place. ]4 MEETTNG MZNUTES REGULAR CZTY COMMTSSTON BOYNTON BEACH, FLORZDA API~L 6, 1999 Motion Vice Mayor 'l~llman moved to have Wilfred Hawkins as our City Manager for Boynton Beach. Commissioner Denahan did not understand the reason for having to act on this issue this evening. She is a strong proponent for promotion from within. She is also one of Wilfred Hawkins' biggest advocates. Commissioner Denahan has a pasSion for education and Mr. Hawkins was instrumental in having Poinciana School become a crown jewel in the City. This decision needs to be shared with her constituency. The Commission needs to entertain a discussion about the position - not the individual. Commissioner Denahan added that during the last election, there was a reoccurring theme about a national search for a City Manager. This was a very popular opinion throughout the community. As elected officials, it is the Commission's obligation to define the process, agree on the criteria and the procedure under which the process would be defined, do the legwork and then make a selection. Commissioner Denahan feels this City has an opportunity to benefit from the multiple searches that are ongoing in Palm Beach County. Boca Raton and West Palm Beach are going through a search at the present time. She recommended pooling on their resources by piggybacking in an effort to save money. Commissioner Denahan's constituents want the Commission to go through a proper process. She does not believe it is necessary to hire a management search firm. ~[n addition, the Palm Beach County League of Cities, the Florida League of Cities and the National League of Cities are at the City's disposal. Even though our local talent may be the outcome, the Commission owes it to the City and its residents to schedule a workshop to permit a full discussion without pressure of having to make a decision. Motion Commissioner Denahan moved to set a date. Commissioner Sherman took issue with Commissioner Denahan's statement regarding campaign promises of a nationwide search for a City Manager. Commissioner Sherman advised that when he sat for endorsements of the newspapers, he said the most important thing was hiring a new City Manager. He still feels the same way. He is a proponent of hiring from within. Commissioner Sherman said that he heard in business school that when a company president retires, you hire a new stockboy. This is the way he ran his business. Commissioner Sherman believes the Commissioners owe it to the City and their constituents to not delay this selection. Requesting applications from sister cities could take time. There are many cities currently looking for City Managers. We have a qualified person in Wilfred Hawkins. He wanted to discuss that appointment immediately so that the Commission could move forward with the work that needs to be done. Attorney Cherof advised that the City's Code of Ordinances requires that the City Manager be appointed by Resolution. Any action that would be taken would be a designation. The formal process would occur at the next City Commission meeting with the presentation of a Resolution. t4EETZNG F,1TNUTES REGULAR CTTY COMHTSSI'ON BOYNTON BEACH~ FLORZDA APRZL 6~ 1999 Commissioner Weiland applauded Mr. Hawkins for stepping in as the current interim City Manager. He has been very comfortable working with Mr. Hawkins over the past few weeks. Although he may be very qualified to be the City Manager for Boynton Beach, Commissioner Weiland feels the Commissioners owe it to the community members to investigate what is available. ]:t may turn out that Wilfred Hawkins will be the choice at the end of that process. However, Commissioner Weiland would like a workshop meeting to discuss this issue and determine where to go from here. He would like a local search that involves Florida or the Southeast. He does not believe a national search is necessary and feels it would be too costly. A local search could be conducted and this issue could be resolved within one to three months. Mayor Broening said he came from an environment where time was of the essence. He does not think the City can afford any delays. A search takes time, is costly and offers a great deal of grief. Wilfred Hawkins is a known quantity and is someone that can be trusted implicitly. Anyone else who is hired would come with a good r~sum~ and references, but is an unknown quantity. This person's learning curve could be as steep as that of the three new Commission members. The City needs permanency at this point and someone who knows the details of the issues. Tt would take time for a new City Manager to acquire that level of detail. Mr. Hawkins knows the details, knows the job and has the respect of City administration and the Commission. During the campaign, Mayor Broening said his general philosophy was to promote from within. At that time, he did not yet have the respect and confidence he now has in Wilfred Hawkins. However, after seeing a superb presentation during the first orientation session and the spirit and dedication of the excellence of that presentation, Mayor Broening was moved. Mayor Broening has never seen a better presentation. Tt was well suited to the audience. Mayor Broening has no reservations about appointing Wilfred Hawkins as City Manager. From the audience, Mr. Tedtmann requested an opportunity for the public to speak. Mayor Broening advised that public input would not be accepted during this discussion. Mr. Suss requested a point of information. Attorney Cherof advised that a member of the public could not raise a point of information. Mayor Broening explained that a super-majority vote is required to select a City Hanager. Tn addition, an appointment must be accompanied by a Resolution. Mayor Broening hoped that there would be unanimity by the Commission on this issue. Therefore, a vote would result at an impasse. Commissioner Sherman requested that the Commission discuss this issue to try to come to a reasonable conclusion. Commissioner Denahan felt there was no compelling need to make a decision at this meeting when the item was not included on the agenda. She reminded the Commissioners that they owed it to the citizens to conduct a workshop to allow the public to speak on this issue. Commissioner Sherman expressed his feelings that this is a critical need for the City. He requested definition on the workshop because he does not want this decision delayed. HEETZNG t4TNUTES REGULAR CZTY COMMTSSTON BOYNTON BEACH, FLORZDA APRI'L 6, 1999 Vice Mayor Tillman requested that the City Attorney work with the Human Resources Manager to develop criteria that could be used to select a City Manager. The Commissioners can review the criteria at a future meeting. Vice Mayor Tillman said he was appalled that the Commissioners want to require the establishment of criteria and conduct a national search. The City got to this point from hard work, dedication and commitment. There are five or six projects in the ground and others that are going out to bid. Boynton Beach is in the take-off position. :It is critical to maintain personnel who know what is going on and want to get the job done. Bringing in a new person will require a training period of two years. This will slow down our forward movement. He questioned what that will do to Visions 20/20. The City knows where it wants to go and the person to do the job is available. He asked the Commissioners to consider the ramifications of delaying this decision. Mr. Hawkins is a man who can keep the City on track. There is no need to review criteria or do a search. He urged the Commissioners to do the right thing. Commissioner Weiland said he would like to hire someone from within, and Wilfred Hawkins may be that person. However, as a newly elected Commissioner, he was told he would receive a candidate's package regarding the process for hiring a new city Manager. He still has not seen that package, and yet there is an urgency this evening to appoint a City Manager. Three of the candidates covered the City thoroughly with grassroots politicking. He wants to ensure that the Commission covers this issue thoroughly to make sure the right person is selected for the position. Wilfred Hawkins may be that person, but the Commission has not had the opportunity to look outside. The workshop is critical. Commissioner Weiland does not want to spend a great deal of money to get this done and wants to see the process completed quickly. Mayor Broening feels workshops are fine and provide a sense of what the community would like to see. However, the fact is that the Commissioners are the ones who have been entrusted with the responsibility of selecting the City Manager. The Commissioners must be comfortable that the selection is the correct one. Mayor Broening has no reservations about Wilfred Hawkins and believes he fits the bill. The ideal situation would be that all Commissioners would agree on the choice. Mayor Broening is not willing to wait three months. He wants a quick process and will go for the first super-majority that becomes obvious. Mr. Hawkins said staff is ready to present a process to the Commission and would provide that information tomorrow. He would be glad to provide recommendations on how to move forward during a workshop meeting. Staff will also provide a profile of what to look for in a City Manager for this City. This information had not been provided up to this point because the Commission had not yet raised the issue. Vice Mayor Tillman withdrew his motion. Hotion Commissioner Denahan moved to set a date for a formal workshop. Commissioner Weiland seconded the motion that carried unanimously. 17 MEET'LNG MTNUTES REGULAR CTTY COMMISSION BOYNTON BEACH, FLORTDA APR,I:L 6, 1999 The date for the workshop meeting was set for Friday, April 9th at 6:30 p.m. in Commission Chambers. (On Wednesday, the location of the meeting was changed to Conference Room "C".) XT. LEGAL: A. Ordinances - 2nd Reading - PUBLTC HEARTNG None B. Ordinances - 1~ Reading At Mayor Broening's request, Attorney Cherof explained the annexation process with respect to the Ordinances. Proposed Ordinance No. 099-08 Re.' Regarding the application of Wal-Mart Stores East, Tnc., amending Ordinance 91-70 by rezoning a certain tract of land (consisting of 32.37 acres) from AG (Agricultural) to C-3 (Community Commercial) Attorney Cherof read Proposed Ordinance No. 099-08 by title only. Motion Vice IVlayor 'l'illman moved to approve Proposed Ordinance No. 099-08. Commissioner Denahan seconded the motion. City Clerk Sue Kruse polled the vote. The vote was 4-0. (Commissioner Sherman was away from the dais.) Proposed Ordinance No. 099-09 Re: Regarding the application of Wal-Mart Stores East, Tnc., amending Ordinance 91-70 by rezoning a certain tract of land from AR (Agricultural Residential) to C-3 (Community Commercial) Attorney Cherof read Proposed Ordinance No. 099-09 by title only. Motion Commissioner Denahan moved to approve Proposed Ordinance No. 099-09. Vice Mayor Tillman seconded the motion. City Clerk Sue Kruse polled the vote. The vote was 4-0. (Commissioner Sherman was away from the dais.) Proposed Ordinance No. O99-10 Re: Regarding 9.64 acres of land owned by Wal-Mart Stores East, :[nc.; amending Ordinance 89-38 by amending the Future Land Use Element of the Comprehensive Plan of the City by changing the land use designation from C-H (Commercial High) in Palm Beach County to Local Retail Commercial 18 MEETTNG MI'NUTES REGULAR CTTY COMMTSSI'ON BOYNTON BEACH,, FLORTDA APRTL 6, :1999 Attorney Cherof read Proposed Ordinance No. O99-10 by title only. Motion Commissioner Denahan moved to approve Proposed Ordinance No. O99-10. Vice IVlayor Tillman seconded the motion. City Clerk Sue Kruse polled the vote. The vote was 4-0. (Commissioner Sherman was away from the dais.) Proposed Ordinance No. O99-11 Re: Regarding the application of Wal-Mart Stores East, Tnc., (a 9.64 acre parcel located on the northwest corner of Boynton Beach Boulevard and Winchester Park Boulevard); annexing a certain unincorporated tract of land that is contiguous to the City limits within Palm Beach County, providing the proper land use designation and proper zoning of the property shall be reflected in separate Ordinances passed simultaneously Attorney Cherof read Proposed Ordinance No. O99-11 by title only. (Commissioner Sherman returned to the dais.) Motion Vice Mayor Tillman moved to approve Proposed Ordinance No. O99-11. Denahan seconded the motion. City Clerk Sue Kruse polled the vote. Commissioner When Commissioner Sherman abstained, Attorney Cherof explained that he could only abstain if he had a monetary conflict of interest. The vote was unanimous. C. Resolutions: None D. Other: 1. Set Executive Session to Discuss Pending Litigation Attorney Cherof recommended that the Commission set an Executive Session to discuss the following lawsuit: Case #CL98007926A.1 - Pending in Palm Beach County Circuit Court City of Boynton Beach v. Eleanor Marie Shepard, Margaret Shepard Brown, her assignees or descendents, if any; Frances R. Shepard, Trustee, SunBank, Trustee and James Weege, Trustee 19 MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLOP. ZDA API~L 6~ 1999 Consensus There was a consensus of the Commission to conduct the Executive Session at the conclusion of the April 20m Regular City Commission Meeting. 2. Police Pension Matters Attorney Cherof advised that there has been a recommendation by the Police Officers' Pension Board that the multiplier for the pension be increased from 2.5% to 3%. The actuary for the Police Officers' Pension Board performed an actuarial study. Attorney Cherof recommended that an actuarial study be performed prior to amending that provision of the pension Ordinance. If the Commissioners' so desired, they could accept the study performed by the board's actuary; however, he recommended an independent study. Therefore, if the Commission wished to consider this request, Attorney Cherof recommended the following: 1. Direction to the City Attorney to prepare the appropriate Ordinance; and 2. Direction to the City Manager to order the appropriate actuarial study. Motion Commissioner Denahan moved to recommend an independent actuarial study. Commissioner Weiland seconded the motion that carried unanimously. Mr. Hawkins advised that staff is ready to proceed with finding an independent firm to supply an actuarial study for not more than $:[0,000. X~. UNF~LN~[SHED BUS~[NESS: Consideration of Education Advisory Board recommendation to initiate a Student Musical Presentation at the start of City Commission meetings Motion Commissioner Denahan moved approval. Commissioner Weiland seconded the motion. Vice Mayor Tillman expressed his opinion that this proposal is not feasible and is not the nature of City Commission business. Commissioner Denahan disagreed and felt this would be presenting our youth in a positive image. Commissioner Weiland agreed and felt this would be a good way to kick off being an All- American City. 2O MEETTNG HZNUTES REGULAR C?TY COMM?SSTON BOYNTON BEACH~ FLORZDA APRI'L 6~ 1999 Vice Mayor Tillman pointed out that given the nature of children, this would not be a lasting event. He is not opposed to a presentation from time-to-time, but feels this would be setting up the children to fail. Commissioner Denahan said the recommendation was to give the Education Advisory Board an opportunity to do a test pilot for three meetings. At the end of the test period, if it is not effective and does not work out logistically, it could be suspended. Mayor Broening felt that if the Commission desired to approve this request, he would want the presentation limited to not more than three minutes. Vice Mayor 'l-illman reiterated that the logistics are not feasible and these meetings are not the place for that type of presentation. As a teacher, he realizes that there is not enough time or space available for such a presentation. The City Commission is a judicial body conducting the business of the City of Boynton Beach. There should be protocol. He applauded the effort, but does not feel it is feasible. Mayor Broening agreed that it would be appropriate on special occasions but not on a regular basis. He agreed with Vice Mayor Tillman's remarks. Commissioner Sherman pointed out that most holidays fall on a Monday. The presentation could be made at the Tuesday meeting that links in with that holiday. He does not see the benefit of this proposal on a regular basis. Commissioner Denahan reiterated that the recommendation before the Commission was for a test period for three meetings to promote higher spirits at Commission meetings. Commissioner Denahan believes this will promote higher attendance, spread knowledge of the meetings, give the schools a chance to show off their talents to the City Commission and introduce students to politics and the community. These are all favorable outcomes. When asked by Mayor Broening if there are other precedents where this is done in other cities, David Fellows, Vice Chairman of the Education Advisory Board, responded negatively. He agreed that it may turn out that this activity is not appropriate for the meeting and may not be logistically feasible; however, the Board wanted an opportunity to try to do this. The board would like to keep this program to one patriotic selection rather than doing the presentation at holidays or special occasions. They would use taped music with either one person or not more than a quartet. Commissioner Sherman questioned whether there was an objection to trying this at holidays only. Mr. Fellows had no objection if that is the Commission's desire. Commissioner Weiland pointed out that the City Commission approves Youth in Government Day that will take place in April. He recommended promoting youth by approving this request. He believes the Education Advisory Board could organize this presentation so that it would not disrupt the meeting. He recommended trying this at the next meeting. 2! MEETING MINUTES REGULAR CITY COMMISSION BOYNTON BEACH, FLORIDA API~L 6, 1999 Motion Commissioner Weiland moved to go forward with this. Commissioner Denahan seconded the motion that FAILED 2-3. (Mayor Broening, Vice Mayor -Iqllman and Commissioner Sherman dissented.) XIII. OTHER: None XI'V. AD3OURNMENT: There being no further business to come before the City Commission, Commissioner Denahan moved to adjourn the meeting. Vice Mayor Tillman seconded the motion that carried unanimously. The meeting properly adjourned at 8:50 p.m. CITY OF BOYNTON BEACH Vice Mayor ATI'EST: City Clerk Clerk (Three Tapes) Com~ner mmissioner Commissioner 4/12/99 9:22 AM 22